| Under China's current criminal law, traffic offense is a crime located in the crimes of endangering public safety. Traffic offense is a negligent crime, and in our criminal law, constitutes a charge of traffic offense requires certain amount of personal injury or property damage. Of course, the crime of dangerous driving, which has just been implemented, separates drunken driving and competing driving from the traffic crime, potentially reducing the standard of traffic offense. In our juridical practice, traffic offense is the one of the largest number of the criminal cases which the basic procuratorate accept, and it caused great harm on lives and property, so we need to face this crime squarely and think about the justifiability of the law and the application, and to strengthen the prevention of this crime. This research report counts relevant data of traffic accidents from 2008-2010 in W County, Anhui Province, obtain the characteristics of the traffic crime cases in this region and combine with data analysis, conclude there are several main reasons caused the traffic offense: First, The current traffic construction and other transportation facilities in the medium and small cities can not keep supporting the development of vehicles, this occurrence providing the soil of the traffic accident; Second, The factor of litigants, The drivers and victims'fault will cause the occurrence of traffic accident cases, especially in non-compliance with traffic rules in this area is most likely to caused accidents; third is Drunken driving is also the one of the most important reasons which cause the traffic accident in this region; fourth is Convicted standards of traffic offense are too high, crime prevention effects are poor. Comprehensive analysis of these four reasons, the author has developed four aspects of problem-solving approach: First, Re-plan the traffic constructions, including measures of various sizes, sub-point of the gradual resolution of the hardware sub- construction of facilities; the second is we need educate the people, so that the whole of society and every person can regulate his conduct, to reduce the traffic accidents; third is cut off the effects of wine culture to the driving behavior, combined with the implementation of drunken driving offenses, to solve this problem significant; fourth is improve the current problems of the law and application, lower the convicted standards of traffic offense. And only in this way, we can prevent the occurrences of this crime, and produce a good law which has preventive effects. |